Volume 11 Issue 1

TOPIC Select Halachos Relevant To The Workplace Part 1

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Reviewed by Rabbi Benzion Schiffenbauer Shlita HALACHICALLY SPEAKING All Piskei Harav Yisroel Belsky Shlita are „ Halachically Speaking is a reviewed by Harav Yisroel Belsky Shlita monthly publication compiled by Rabbi Moishe Dovid Lebovits, a former chaver kollel of Yeshiva SPONSORED: Torah Vodaath and a musmach of Harav Yisroel Belsky Shlita. Rabbi לרפואה שלמה Lebovits currently works as the מרת רחל בת פעסיל Rabbinical Administrator for the KOF-K Kosher Supervision. SPONSORED: „ Each issue reviews a different area of contemporary halacha לרפואה שלמה with an emphasis on practical חיים צבי בן אסתר applications of the principles discussed. Significant time is SPONSORED: spent ensuring the inclusion of ,all relevant shittos on each topic לז"נ as well as the psak of Harav Yisroel Belsky, Shlita on current שלמה בן פנחס issues.

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)ברכות ח.( Relevant To The Workplace Part 1 אין לו להקב"ה בעולמו אלא ד' אמות של הלכה בלבד...

rom the day that Adam was cursed with “bezeias apeicha tochal lechem,”1 man Fmust work for his parnasa. There are many halachos which arise on a daily basis. Although these halachos are geared towards the workplace, they apply to everyday life as well.

On the Topic of Parnasa Once a person enters the workplace to support his family, he can easily get carried away with working, as he wishes to work harder and harder. One should have in mind that he is working to support his family for what they need and to be able to serve Hashem properly.2 People who are wealthy should realize that their wealth is from Hashem and not because of any special talents that they may have.3

How Early Can One Daven Those who have a long commute need to daven shacharis very early. How early can a person daven shacharis in the morning, especially during the winter? How early can he put on tefillin, say birchos hatorah or birchos hashachar? When is the earliest time to recite krias shema? All these questions will be addressed below.

1. Bereishis 3:19.

2. Shulchan Aruch Harav O.C. 156:2. SPONSORED 3. Igros Moshe Y.D. 4:36:1. BY:

Select Halachos Relevant To The Workplace Part 1 | 3 Shacharis – Shemonei Esrei The preferred4 time for shacharis (shemonei esrei)5 is at netz hachama (sunrise),6 but one who davened after alos hashachar – dawn (which is seventy-two minutes before netz hachama)7 was yotzei8 b’dieved.9 One who needs to travel10 may daven before neitz hachama11 (even l’chatchilah).12 People who go to work early and have to daven between alos and netz hachama are included in this category.13 However, krias shema and the berachos of krias shema must be delayed until later (see below).14

Birchos Hashachar and Birchos Hatorah Both birchos haschachar and birchos hatorah may be recited before alos hashachar.15 However, the beracha of hanosein lasechvei can only be recited after alos hashachar.16

4. Biur Halacha O.C. 89 “yotzei.”

5. Mishnah Berurah 4.

6. Tosfas Maseches Berachos 31a “avuha,” Shulchan Aruch 89:1. Refer to Mishnah Berurah 89:1, Aruch Hashulchan 11-12. Refer to Rashi Maseches Berachos “havei.”

7. Refer to Yechaveh Daas 2:8 who brings all the opinions on this issue. In addition see Piskei Teshuvos 89:2 in great depth. See Biur Halacha 58 “m’sheiuleh,” 89 “v’im”.

8. Shulchan Aruch 89:1. Refer to Magen Avraham 3.

9. Rambam Hilchos Tefillah 3:4, Shulchan Aruch 89:1, Levush 89:1, Pri Megadim Eishel Avraham 3, Shulchan Aruch Harav 89:1, Mishnah Berurah 4, Yechaveh Daas 2:8. One who davens before neitz hachama should not be rebuked (Biur Halacha 89 “yotzei.”

10. Mishnah Berurah 1, 4.

11. Shulchan AruchO.C. 89:8, Mishnah Berurah 1.

12. Mishnah Berurah 4. Refer to Biur Halacha 89 “v’im.”

13. Refer to Igros Moshe O.C. 4:6, Ohr Letzion 2:7:3. עג.( הבא... )נדה הלכות בכל יום מובטח לו שהוא בן עולם כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא... )נדה עג.( 14. See Shulchan Aruch O.C. 89:8.

15. Shulchan Aruch O.C. 47:13.

16. Shulchan Aruch ibid, Chai Adom 8:1, Kitzur Shulchan Aruch 7:2, Mishnah Berurah 30, see

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4 | HAlAchicAllY SpeAKiNg Tallis There is a dispute between the Shulchan Aruch and the Rama regarding the earliest time one is allowed to recite a )ברכות ח.( beracha when putting on a tallis. The Shulchan Aruch17 rules that the earliest time is when one can discern between blue and white on the tzitzis (when blue strings were worn);18 this אין לו להקב"ה בעולמו אלא ד' אמות של הלכה בלבד... is known as “mishiyakir.” There are different views as to how soon this is before neitz hachama. Harav Moshe Feinsteinzt”l19 measured it at between 35-40 minutes before neitz hachama.20 However, the Rama21 maintains that the time is from alos hashachar (which is earlier than mishiyakir). The Mishnah Berurah22 maintains that one should ideally follow the opinion of the Shulchan Aruch, although b’dieved if one did recite the beracha on the tallis even before alos hashachar one does not repeat the beracha after the correct time for reciting the beracha arrives.23 Harav Moshe Feinstein zt”l24 maintains that one should not recite a beracha on a tallis before mishiyakir. In situations where one is permitted to daven after alos hashachar before mishiyakir one can wear the tallis but should not recite a beracha. One who put on his tallis before mishiyakir should move his tzitzis a bit and then recite the beracha on the tallis after mishiyakir.25

17. 18:3, Chai Adom 11:3.

18. Refer to Aruch Hashulchan 9.

19. O.C. 4:6. Refer to Piskei Teshuvos 18:5 in depth.

20. Refer to Orchos Rabbeinu 1:page 23:47.

21. 18:3.

22. 10.

23. The reason for this is the Rosh holds that a garment worn by day and is still required in tzitzis if it is worn at night (ShulchanAruch O.C. 18:1).

24. Igros Moshe O.C. 4:6.

25. Refer to Rama 18:3. SPONSORED BY:

Select Halachos Relevant To The Workplace Part 1 | 5 Tefillin The time for reciting a beracha on tefillin is when one can recognize a casual acquaintance26 at a distance of four amos.27 One should not place them on with a beracha at alos hashachar.28 One who needs to travel early and cannot wait until the proper time may put on the tefillin even before alos hashachar29 but no beracha can be said. When the time of mishiyakir arrives one should move his tefillin a bit and then recite the appropriate berachos.30 One who did recite the berachos on the tefillin before mishiyakir does not have to recite them again when mishiyakir arrives.31

Pesukei Dezimra There is a discussion in the poskim if one is permitted to recite pesukei dezimra before alos hashachar. Many permit this.32

Krias Shema The proper time for reciting krias shema and its accompanying berachos33 is the time when one can recognize a casual acquaintance34 from four amos away (mishiyakir).35 In a case of pressing need (i.e. he has to

26. Refer to Taz 2, Mishnah Berurah 2, Aruch Hashulchan 1.

27. Shulchan Aruch 30:1. Refer to Magen Avraham 1.

28. Biur Halacha 30 “u’kesheiyagea.” Refer to Igros Moshe O.C. 1:10 who permits one to place the tefillin on earlier thanaloshashachar with a beracha in a specific situation.

29. Mishnah Berurah 11.

30. Shulchan Aruch 30:3. Refer to Taz 5.

31. Mishnah Berurah 13.

”.Refer to Yechaveh Daas 2:8. See Biur Halacha 58 “zeman .32 עג.( הבא... )נדה הלכות בכל יום מובטח לו שהוא בן עולם כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא... )נדה עג.(

33. Mishnah Berurah 58:1.

34. Refer to Mishnah Berurah 2.

SPONSORED 35. Shulchan Aruch 58:1. BY:

6 | HAlAchicAllY SpeAKiNg travel)36 one can say krias shema and the berachos from alos hashachar.37 One who recited it after alos hashachar when he was not in a pressing need was yotzei b’dieved.38 Others )ברכות ח.( ,say that this dispensation is only available once a month but if one does this too often then even b’dieved he has to repeat krias shema with the berachos. If one frequently finds

אין לו להקב"ה בעולמו אלא ד' אמות של הלכה בלבד... himself in a pressing situation (such as businessmen during the winter months), then he may rely on this even on a daily basis.39

Holding a Smart Phone While Davening Many people have a siddur downloaded on their smart phones. This is common in an office where there may be a lack of enough siddurim.40 The question arises whether it is permitted to use a phone as a siddur during shemonei esrei. Certain items may not be held during shemonei esrei,41such as tefillin, a sefer Torah (or any items since it is not derech eretz to stand in front of an important person holding something).42This is because one is worried that they may fall and will not concentrate properly43 on

36. Mishnah Berurah 58:13.

37. Shulchan Aruch 58:3. Refer to Biur Halacha 58 “v’mi.”

38. ShulchanAruch 58:4.

39. Mishnah Berurah 19.

40. In regards to having your cell phone on your belt at all during davening see Lehoros Nosson 11:9, Mishnas Yosef 4:14.

41. Rambam Hilchos Tefillah 5:5, Shulchan Aruch O.C. 96:1. In regards to other areas in davening, see Mishnah Berurah 96:1.

42. Refer to MasechesBerachos 23b, Succah 41b. See Ritvah and Meiri on Maseches Succah 41b. Refer to ShulchanAruch 96:1 regarding the holding of a Lulav on Succos. On Rosh Chodesh bentching the sefer Torah is held by the shatz (Mishnah Berurah 96:2).

43. Some poskim maintain one should have a siddur open during chazarashashatz to be able to concentrate on what the shatz is saying (Mishnah Berurah 96:9, Kaf Hachaim 9). SPONSORED BY:

Select Halachos Relevant To The Workplace Part 1 | 7 shemonei esrei.44 One who davened while holding such an object is yotzei b’dieved according to most45poskim.46 Davening from a siddur is permitted47 since it is being used for davening and will not interfere with concentration.48 If one will be using an app from his smart phone as a siddur it is permitted to use it during shemonei esrei, but it is not preferable to do so. If one started shemonei esrei without a siddur he should not get a siddur unless it is readily available.49 However, if he finds that he cannot keep the proper place, he may leave his place and get a siddur.50 If there is a concern that an object will be damaged or stolen, then one may hold it during shemonei esrei,51or place it in between his feet, as the worry about the welfare of the object is a greater impediment to concentration than actually holding it.52 This is common when davening at an airport and one wishes to hold his briefcase while davening.

Bowing During Shemonei Esrei There are places in shemonei esrei where one has to bend and bow. In an office setting, where davening is conducted in a cramped area,53 this may be very difficult. What is the

44. Bais Yosef O.C. 96, Shulchan Aruch 96:1, Levush 1, Shulchan Aruch Harav 1.

45. The Bach 96 argues.

46. Refer to Taz 1, Pri Megadim M.Z. 1, Pri Chadash 1, Elya Rabbah 1, Beer Heitiv 1, YufeiLeleiv 1, Mishnah Berurah 2, Kaf Hachaim 3. See Halacha Berurah 96:footnote 9.

47. Shulchan Aruch O.C. 96:2. Some maintain that one should daven from a siddur since it arouses ones concentration (Kaf Hachaim 96:9,12).

48. Bais Yosef O.C. 96, Shulchan Aruch 96:2, ShulchanAruch Harav 2, Chai Adom 22:7.

49. Rama 96:1.

50. Chai Adom 22:7. See Beer Moshe 3:13. עג.( הבא... )נדה הלכות בכל יום מובטח לו שהוא בן עולם כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא... )נדה עג.( 51. Mishnah Berurah 96:6

52. Kaf Hachaim 96:7.

53. The room which one davens in while at work does not have kedusha like a shul (Harav Hershel

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8 | HAlAchicAllY SpeAKiNg bare minimum which is required according to halacha in this case? We will begin to discuss the halachos below: )ברכות ח.( One should bow (we will discuss how this is done below) at the beginning and the end of the first beracha of shemonei esrei and at the beginning and end of the beracha of hoda’ah אין לו להקב"ה בעולמו אלא ד' אמות של הלכה בלבד... modim).54 One of the reasons for bowing is explained by the) Levush:55 “This is the practice, when one asks for his needs, he bows before Him as well as when he leaves His presence.” Others explain that the purpose is to remind ourselves before whom we are standing, and where our bodies will be after we leave this world (dirt).56 One should bow far enough to bend all the vertebrae of his spine.57 The head should also be slightly bent.58 If one is weak or old and cannot bow properly, he should bow as much as possible, since it is obvious that he wishes to bow but cannot due to his condition.59 Nonetheless, it is preferable if he bows properly.60 One should bend his knees61 when he says boruch,62 his back when he says atah,63 and straighten when he says the name of Hashem.64 The reason is because Hashem

54. Shulchan Aruch O.C. 113:1, Mishnah Berurah 1.

55. 113:1.

56. Kaf Hachaim 113:4.

57. Rosh Maseches Berochos 5:2, Rambam Hilchos Tefillah 5:12, Shulchan Aruch O.C. 113:4, Mishnah Berurah 10, Aruch Hashulchan 7. See Elya Rabbah 113:4.

58. Shulchan Aruch ibid.

59. Shulchan Aruch 113:5, Chai Adom 23:2.

60. Kaf Hachaim 113:20.

61. The Sefardim do not bend their knees (Halacha Berurah 113:7, Piskei Teshuvos 113:3).

62. Shulchan Aruch 113:6-7, Magen Avraham 4, Elya Rabbah 5, Mishnah Berurah 12.

63. Magen Avraham 4, Elya Rabbah 5, Mishnah Berurah 12.

64. Shulchan Aruch 113:7. According to the Arizal there is a different method on how to bow. Refer to Beer Heitiv 113:5, Sharei Teshuva 5, Ben Ish Chai Beshalacha 1:21, Halacha Berurah SPONSORED BY:

Select Halachos Relevant To The Workplace Part 1 | 9 straightens the bent.65 He should first lift his head then his body, in order not to make it seem that it is a burden.66 Bowing down until your mouth reaches your belt is not recommended,67 as it looks like one is showing off by bowing more than necessary.68 There is a discussion regarding the bowing at Modim (beginning and end).69 The reason for this bowing is to humble oneself when expressing thanks to Hashem.70 Some are of the opinion that one does not bend his knees, but simply bows his body at one time,71 and then straighten when reaching Hashem’s name.72 Others say that it follows the same rules as the other bowings.73 The punishment for not bowing at Modim is that seventy years74 after ones death his spine turns into a snake.75 This is because he should have bent as a snake at Modim and did not do so.76

113:6, see Beer Moshe 3:11.

65. Taz 113:6, Kitzur Shulchan Aruch 18:11, Mishnah Berurah 13. Refer to Kaf Hachaim 113:21- 22.

66. Shulchan Aruch 113:6. According to the Arzial one should straighten his head first then the rest of his body (see Kaf Hachaim 113:210).

67. Shulchan Aruch 113:5.

68. Taz 113:5, Mishnah Berurah 11, Aruch Hashulchan 7.

69. Shulchan Aruch 121:1, Shulchan Aruch Harav 1, Aruch Hashulchan 2. See Kaf Hachaim 121:2.

70. Levush 121:2.

71. Refer to Elya Rabbah 113:5, Piskei Teshuvos 113:footnote 21.

72. Kitzur Shulchan Aruch 18:11, Mishnah Berurah 3.

73. Chesed L’alafim 113:2, Ben Ish Chai Beshalach 1:21, Shulchan Aruch Harav 6, Chai Adom 23:2, Kitzur Shulchan Aruch 18:11, Aruch Hashulchan 7. Refer to Mishnah Berurah 113:7. עג.( הבא... )נדה הלכות בכל יום מובטח לו שהוא בן עולם כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא... )נדה עג.( 74. Others say seven years (Maseches Bava Kama 16a, Elya Rabbah 121:1, Shulchan Aruch Harav 1, Mishnah Berurah 2).

75. Tur 121, Levush 2, Elya Rabbah 121:1. See Kaf Hachaim 113:15-16.

SPONSORED 76. Levush 121:2. BY:

10 | HAlAchicAllY SpeAKiNg An office setting has the same status as an old or sick person. If it is too cramped, it is sufficient to bend a bit.77

)ברכות ח.( Taking Three Steps Back Another common problem that arises with a small, cramped location is that there is not enough space to take

אין לו להקב"ה בעולמו אלא ד' אמות של הלכה בלבד... .a complete three steps back before and after shemonei esrei What are the halachos of taking three steps back before and after davening? Before beginning shemonei esrei, one should take three steps forward, symbolically approaching his mission.78 It is not necessary to walk three steps back before taking the three steps forward, but the custom is to do so.79 The first step forward should be the right foot.80 At the conclusion of shemonei esrei one should bow (to the point that the vertebrae on his spine protrude),81 and take three steps back.82 After the three steps,83 he recites osei sholom to the left,84 (some say his feet should be together like by shemonei esrei,85but the custom is not like this)86

77. Piskei Teshuvos 113:3.

78. Rama O.C. 95:1, Kitzur Shulchan Aruch 18:2. Refer to Mishnah Berurah 2 and Aruch Hashulchan 3 for another reason for this. The Darchei Chaim V’sholom 154:page 61 did not have the custom to take three steps before starting shemonei esrei.

79. Mishnah Berurah 95:3, Aruch Hashulchan 3.

80. Orach Neman 95:3:page 60.

81. ShulchanAruch 113:4, Mishnah Berurah 113:10, Biur Halacha “hamispallel,” Mishnah Berurah 123:1. Refer to Aruch Hashulchan 113:7 who is lenient for the weak and sick.

82. Refer to Taz 123:1.

83. Not like those who say osei shalom while they are walking back (Magen Avraham 2, Mishnah Berurah 3).

84. Refer to Taz 2, Mishnah Berurah 4, Aruch Hashulchan 2.

85. Mishnah Berurah 123:6, Biur Halacha “yamod.” Refer to Shar Hatzyion 5 who says from the Pri Megadim that one should stay like that until the shatz starts chazarashashatz but he argues with him.

86. Aruch Hashulchan 3. SPONSORED BY:

Select Halachos Relevant To The Workplace Part 1 | 11 when he says hu ya’ase sholom he turns to the right,87 and then he should bow and say ve’al kol yisroel.88 The reason for stepping back after shemonei esrei is like a servant who steps back from his master.89 He90 should remain in that place91 until the shatz reaches kedusha,92 or at least until he starts chazaras hashatz93 (if the space is limited).94 At maariv one should wait in his place until the shatz starts kaddish.95 The reason for waiting is that if he would return to his place right away then it would seem like he wants to daven again (and the first shemonei esrei was not valid); this is comparable to a dog.96 While standing in place, one should not look around since it disturbs the kavana of those who are still davening.97 Once the shatz starts chazaras hashatz one can look around.98 If the area is too small to stand in place until the shatz

87. Shulchan Aruch 123:1, see Magen Avraham 3.

88. Sharei Teshuva 3, Mishnah Berurah 4.

89. Magen Avraham 1, Mishnah Berurah 1.

90. Theshatz should wait until the time it takes him to walk four amos (Rama 123:2, Biur Halacha “vehashatz,” see Magen Avraham 7).

91. Kitzur Shulchan Aruch 18:14, Aruch Hashulchan 3, Kaf Hachaim 123:11. In regard to jumping after one takes three steps back and remains in his place see Piskei Teshuvos 123:footnote 36.

92. Refer to Sharei Teshuva 5 and Mishnah Berurah 9 regarding one who finished his shemonei esrei as the tzibur is about to start kedusha. One can go to his place in the above situation (Mishnah Berurah ibid, see Aruch Hashulchan 4 who says one should wait the time it takes to walk four amos before returning to his place).

93. Shulchan Aruch 123:2, Mishnah Berurah 12. Many are not careful with this halacha and it begs an answer why (Refer to Piskei Teshuvos 123:2). When piyutim are said one can return to his place at the onset of chazarashashatz (Magen Avraham 6, Mishnah Berurah 10, Aruch Hashulchan 3).

94. Aruch Hashulchan 3.

.Halichos Shlomo Tefillah 13:12 .95 עג.( הבא... )נדה הלכות בכל יום מובטח לו שהוא בן עולם כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא... )נדה עג.(

96. Maseches Yoma 53b, Magen Avraham 7, Mishnah Berurah 7, Aruch Hashulchan 3.

97. Taz 5, Mishnah Berurah 12.

SPONSORED 98. Magen Avraham 9. BY:

12 | HAlAchicAllY SpeAKiNg begins chazaras hashatz then he does not have to do so.99 This is common in an office setting. One should step back with the left foot first.100 The left )ברכות ח.( foot should reach the heel of the right foot, then the right foot should be moved back to reach the heel of the left foot, and then the left foot moved back to be equal with the right אין לו להקב"ה בעולמו אלא ד' אמות של הלכה בלבד... foot.101 One should not take large steps back after shemonei esrei.102 In addition, there is an element of showing off.103 If there is not enough room, one can take smaller steps.104 In addition, the Aruch Hashulchan105 says that one may step to the side rather than straight back. This is also very common in an office. According to many poskim, it is not necessary to take three steps forward after waiting.106 Some are of the opinion that one needs six steps, three back and three forward. Therefore, they do not permit anyone to pass before them while waiting in place.107 Some erroneously return to their place even before the shatz starts chazaras hashatz or kedusha in order to avoid someone passing before them. This is a mistake, and one should simply allow the other person to pass.108 When walking back three steps one should make

99. Mishnah Berurah 10.

100. Shulchan Aruch 123:3, Taz 6, Magen Avraham 10, Aruch Hashulchan 123:1, Orach Neman 95:3.

101. Mishnah Berurah 13, Halichos Shlomo Tefillah 8:footnote 111, see Sharei Teshuvah 9. Refer to Biur Halacha “v’shiur.”

102. Rama 123:3, Mishnah Berurah 16.

103. Shulchan Aruch 123:4, Aruch Hashulchan 1. Refer to Taz 7, Mishnah Berurah 17.

104. Refer to Rashba 381, Magen Avraham 10, Mishnah Berurah 14.

105. 125:5.

106. Mishnah Berurah 8.

107. Magen Avraham 6, Mishnah Berurah 8. Refer to Aruch Hashulchan 4.

108. Magen Avraham 6, Mishnah Berurah 8, Aruch Hashulchan 4. SPONSORED BY:

Select Halachos Relevant To The Workplace Part 1 | 13 sure not to step in the four amos of someone else who is davening.109 This is very hard to avoid in an office. However, if davening is taking place in an area where people tend to walk past then one can pass by one who is davening.110 One who davens for the amud does not have to take three steps back after chazaras hashatz.111 This is accomplished when he recites kaddish after chazaras hashatz.112

Reciting Tehillim by Heart Tehillim are routinely recited by heart after davening. The question is if this practice is permitted. Something which is written down (Torah Shebekesav) may not113 be recited by heart,114 even one word.115 There are a number of reasons offered for this. One reason is that one may not pronounce the word correctly.116 A posuk in which everyone is fluent may be recited by heart,117 such as pesukei

109. Shulchan Aruch 102:5, Mishnah Berurah 123:14, Halichos Shlomo Tefillah 8:33.

110. Shevet Hakehasi 2:49.

111. Shulchan Aruch 123:5.

112. Taz 8, Magen Avraham 11, Mishnah Berurah 18, If one does it there is no need to rebuke him (Magen Avraham 12, Mishnah Berurah 19).

113. Refer to Aruch Hashulchan 49:3 who says it is a mitzvah min hamuvchar not an issur.

114. Maseches Gittin 60b, Shulchan Aruch 49:1, 53:14, Chai Adom 8:11, Shulchan Aruch Harav 49:1, see Ritvah Maseches Gittin ibid. Refer to Birchei Yosef 49:2, Machzik Beracha 49:1, and Kaf Hachaim 2 who discuss if this is a d’oraisa or d’rabannan. One who is blind r’l or locked in jail can recite the Torah Shebekesav by heart (Magen Avraham 49:1, Mishnah Berurah 1, Kaf Ha’chaim 5). Refer to Rivevos Ephraim 4:79. Refer to Shevet Halevi 5:158 regarding the children Sefer Torahs and reading from them. עג.( הבא... )נדה הלכות בכל יום מובטח לו שהוא בן עולם כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא... )נדה עג.( 115. Rambam HilchosTefillah 12:8, Chesed L’alafim 49:1. The translation of Torah Shebekesav can be said by heart (Birchei Yosef 49:1, Sharei Teshuva 1, Machzik Beracha 49:4, Kaf Hachaim 3).

116. Bais Yosef O.C 49, Elya Rabbah 1. Refer to Moadim U’zmanim 7:240.

SPONSORED 117. Tur O.C 49. BY:

14 | HAlAchicAllY SpeAKiNg dezimra,118 birchas kohanim,119 krias shema120 shiras hayam,121 and any other pesukim that are known by heart.122 The opinion of many poskim is that the restriction only )ברכות ח.( applies when being motzei someone else in their obligation.123 However, saying a posuk which is praise to Hashem or for a tefillah is allowed.124 Others limit the restriction to reciting אין לו להקב"ה בעולמו אלא ד' אמות של הלכה בלבד... a pasuk from the Torah,125 while others maintain that even this is permitted if one recites it without the trup.126 In regard to Tehillim, some permit it since it is considered a tefillah127 especially if we adhere to the view of those poskim who maintain that the whole concern is being motzei someone in his obligation.128 The Chai Adom129 says that it is best not to say Tehillim by heart (if it is not well known by all). The custom is to be lenient with those chapters that are well known by all, such as shir hama’alos mi ma’ma’akim, and shir ha’ ma’alos esa einay.

118. Tur ibid, Mishnah Berurah 5.

119. Bais Yosef 49.

120. Kol Bo 13, Bais Yosef ibid, Shulchan Aruch 49:1, Chai Adom 8:11, Shulchan Aruch Harav 49:1.

121. Chai Adom 8:11, Shulchan Aruch Harav 49:1.

122. Shulchan Aruch 49:1. Some include Tehillim in this (Refer to Chesed L’alafim 49:1). See Biur Halacha “kegon” on reciting Hallel.

123. Tosfas Maseches Temura 14b “devarim,” Ravyah 3:878, Ritvah Maseches Yoma 70a, Tur ibid, G’ra 49, Pri Chadash 1, Elya Rabbah 2, Shulchan Aruch Harav 49:1 (do not rebuke someone for relying on this), Mishnah Berurah 49:2,6, Aruch Hashulchan 1-2.

124. Ritvah ibid.

125. Tosfas Maseches Temura 14b “devarim.” Refer to Bais Yosef O.C. 49.

126. Kol Bo 2, 13, Bais Yosef O.C. 49.

127. Chavos Yuer 175, see Kaf Hachaim 6.

128. Mishnah Berurah 49:6.

129. 8:11, see Sharei Teshuva 49:1. Refer to Kitzur Shulchan Aruch 1:6. SPONSORED BY:

Select Halachos Relevant To The Workplace Part 1 | 15 A Sefardi Davening at an Ashkenazi Minyan and Vice Versa People who daven with an office minyan rarely have the luxury of choosing their preferred nusach. The question arises regarding how to recitetachanun , according to his custom or the custom of the shul where he is davening. If one davens nusach Sefard and he finds himself at a nusach Ashkenaz minyan, he should recite nefilas apayim as he normally does, but without reciting the thirteen attributes or hitting his heart.130 If a person who davens nusach Ashkenaz is davening at a Sefardi minyan he should say the tachanun of nusach Sefard.131 On Monday and Thursday morning, one should recite tachanun and v’hurachum according to the way the tzibbur does.132 If one did not have time to recite v’hurachum during davening it may be recite the entire day.133

Setting Time to Learn Torah One of the most challenging aspects of a working man is setting aside time to learn Torah.134 One of the questions asked after we leave this world is, “Did you set aside time to learn Torah?”135 Similarly, after

130. Igros Moshe O.C 4:34, Divrei Chachamim page 45:91, Siach Tefillah (sefer zichoron) page 474 Be’er Sarim 6:14:3, see Ohr L’tyzion 2:9:1 who says one should say the thirteen attributes in a secluded quiet place. Refer to B’mechitzas Rabbbeinu page 52.

131. Igros Moshe O.C. 3:89, Rivevos Ephraim 2:46:2, 6:pages 70-71, 7:47:1, Teshuvos V’hanhagos 1:114, Ishei Yisroel 25:1, Sheilas Rav 2:11:27, see Orchos Rabbeinu 1:page 68:13.

132. Bunim Chavivim 10:8:page 326, Yugel Yaakov page 74:2, Halacha Berurah 134:footnote 2, Bais Avi 3:49, see Maharam Brisk 1:51:3, Kinyan Torah 2:18 who argue. עג.( הבא... )נדה הלכות בכל יום מובטח לו שהוא בן עולם כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא... )נדה עג.( 133. Rivevos Ephraim 3:141, 6:61:2, 8:48.

134. An ideal time to learn is early in the morning when one is not busy with work etc.

135. Maseches Shabbos 31a, Mishnah Berurah 155:2, Aruch Hashulchan 155:1. Refer to Toras

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16 | HAlAchicAllY SpeAKiNg we leave this world, the first item for which a person is punished is laxity in learning Torah.136 Each person is obligated to set aside time from his day )ברכות ח.( to learn Torah.137 This applies to one who works and is not sitting and learning an entire day.138 The ideal time during the day is right after shacharis,139 אין לו להקב"ה בעולמו אלא ד' אמות של הלכה בלבד... since one may get carried away with his work and miss) learning for the daytime),140 and the time for learning at night should be between mincha and maariv (if one davens them together at nightfall).141 The idea of a set time is that it is dedicated to learning only, and one will not give it up for any other activity.142 Harav Moshe Feinstein zt”l143 maintains that one is allowed to work as much as he wants, even to buy more than his basic necessities. One can learn one mishnah in the morning and another at night and fulfill the mitzvah of Talmud Torah, but he will not become a talmid chacham this way. One who works more than necessary is not called a ben torah.144 Many people have a limited amount of time to learn after a long day at work, and they sit down to learn gemora. This is frowned upon by the poskim, since one who has a limited

136. Maseches Sanhedrin 7a, Shulchan Aruch Y.D. 246:19. See Kaf Hachaim 155:2.

137. Rambam Hilchos Talmud Torah 1:8, Tur O.C. 145, Shulchan Aruch Y.D. 246:1.

138. Shulchan Aruch Harav 156:1,Aruch Hashulchan 156:2, Y.D. 246:7. See Sefer Chassidim 17.

139. Refer to Maseches Berachos 64a, Bais Yosef 155, Shulchan Aruch O.C. 155:1, Levush 1, 156:1, Shulchan Aruch Harav 155:1, Mishnah Berurah 1-2, Aruch Hashulchan 2, Kaf Hachaim 3. See Yufei Leleiv 155:3.

140. Mishnah Berurah 2.

141. Biur Halacha 155 “eis,” B’Toraso Y’heigyeh 1:18:page 338:3. Refer to Chesed L’alafim 1:page 9 (new print).

142. Yosef Ometz page 265, Kaf Hachaim 155:13.

143. Igros Moshe Y.D. 4:36:5. Refer to Shulchan Aruch Y.D. 246:21.

144. Igros Moshe Y.D. 4:36:15. SPONSORED BY:

Select Halachos Relevant To The Workplace Part 1 | 17 amount of time should be learning halacha145 in order to know what is permitted and what is forbidden.146 It can happen that one has to stay at work from early in the morning until very late at night and he has to forgo his usual set time for learning. In this situation, one can fulfill the mitzvah by learning a little in the morning and a little at night, even a posuk or a halacha,147 or a perek of mishnah.148 One who is so busy that he cannot even learn a perek of mishnayos can be yotzei with saying shema in the morning at shacharis and at maariv.149 When one is not working to support his family he should be learning.150 However, this is very hard for most people to fulfill since people need to relax as well.151There are many people who do not set aside time for learning. One of the reasons for this is that they do not recognize the greatness of this mitzvah.152 Some opine that the learning should be in a bais medrash.153 Even if a man’s wife wants him to remain at home at night, he should arrange to learn in a bais medrash.

145. Refer to Birchei Yosef 155:3 who states that learning the Rambam and other such commentaries are considered halacha. See Kaf Hachaim 155:12 in depth.

146. Shulchan Aruch Harav O.C. 155:1, Hilchos Talmud Torah, 2:9, 3:4, Mishnah Berurah 155:3, 9.

147. Magen Avraham 155:1, Aruch Hashulchan 2, Beer Moshe 3:176, Yechaveh Daas 6:52.

148. Shulchan Aruch Harav Hilchos Talmud Torah 3:4.

149. Shulchan Aruch Y.D. 246:1, Shulchan Aruch Harav Hilchos Talmud Torah 3:4. See Shach Y.D. 246:1.

150. Shulchan Aruch Harav Hilchos Talmud Torah 3:6.

151. Refer to an article on www.torahmusings.com regarding the concept of Leisure. Also refer

.to Tradition 44:2 עג.( הבא... )נדה הלכות בכל יום מובטח לו שהוא בן עולם כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא... )נדה עג.(

152. Biur Halacha 155 “eis”. See Shulchan Aruch Harav 156:1.

153. Kaf Hachaim 155:7. Refer to Rav Akiva Eiger Y.D. 246:2 in regard to a person who gets paid to learn and if it is counted towards setting aside time to learn. This is common for a kollel person

SPONSORED etc. See Kaf Hachaim 155:4. BY:

18 | HAlAchicAllY SpeAKiNg Short Bentching In earlier years workers would recite a shorter version of bentching in order to dedicate their time to their employer.154 )ברכות ח.( However, today we recite the complete bentching;155 since everyone has lunch breaks and can bentch within the time frame. אין לו להקב"ה בעולמו אלא ד' אמות של הלכה בלבד...

154. Refer to Maseches Berachos 16a, Rambam Hilchos Berachos 2:2, Shulchan Aruch O.C. 191:1, Aruch Hashulchan 1-3.

155. Shulchan Aruch 191:2, Shulchan Aruch Harav 191:1, Aruch Hashulchan 191:4, Kaf Ha’chaim 191:2. SPONSORED BY:

Select Halachos Relevant To The Workplace Part 1 | 19

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